Legislation Details

File #: 24-176    Version: 1
Type: Resolution Status: Passed
File created: 3/13/2024 In control: Board of County Commissioners Business Meeting
On agenda: 3/26/2024 Final action: 3/26/2024
Title: Approval of a resolution authorizing settlement of Estate of Judith Stein Notice of Claim
Attachments: 1. Board Summary Report, 2. Resolution
To: Board of County Commissioners

Through: Ronald Carl, County Attorney

Prepared By:
prepared
Writer Mott, Deputy County Attorney
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Subject:
title
Approval of a resolution authorizing settlement of Estate of Judith Stein Notice of Claim
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Purpose and Request:
recommended action
The County received a Notice of Claim on behalf of the Estate of Judith Stein related to a fatal motor-vehicle accident involving an ACSO Deputy that occurred on April 26, 2023. This report and the accompanying resolution seek the Board's formal approval of the settlement the parties agreed to in principle after mediation and as previously discussed with the Board.
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Background and Discussion: This case stems from an automobile accident on April 26, 2023, in which Deputy John Klarin was responding to an emergency call for service with lights and siren activated in an unmarked Sheriff's Office SUV when he collided with a vehicle driven by Gregory Hey who made a left turn from a stop sign in front of Deputy Klarin. Deputy Klarin's vehicle struck Mr. Hey's vehicle at the driver's side door, killing Mr. Hey and his passenger Judith Stein. The parties participated in mediation on January 12, 2024, after which they reached an agreement in principle on the terms of a settlement, subject to formal approval by the Board.

Alternatives: If the Board elects not to approve the settlement, the Estate of Judith Stein will file litigation, and the County could risk judgment being entered in the Estate's favor in excess of the settlement amount and up to the $424,000 statutory damages cap.

Fiscal Impact: The County will be required to pay the settlement amount agreed to by the parties that was previously discussed with and approved by the Board.

Alignment with Strategic Plan:
?Be fiscally sustainable
?Provide essential and mandated service
?Be community focused

Concurrence: Risk Management concurs with this request.

Resolution: Attached is a copy of the draft resolution.

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